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If a Hydrodog franchisee breaches the agreement, is Hydrodog required to pay any further compensation?

Hydrodog Franchise · 2025 FDD

Answer from 2025 FDD Document

or the Franchisor may prescribe from time to time to prevent unauthorized use or disclosure of the Confidential Information (collectively, the "Confidentiality Obligations").

    1. Liquidated Damages. You acknowledge that the Franchisor would suffer substantial damages if you violated the Competitive Restriction set forth in Section 2 above. You acknowledge that that such damages are difficult to estimate accurately and proof of such damages would be burdensome and costly, although such damages are real and meaningful. Therefore, in the event that you violate any of the Competitive Restriction set forth in this Agreement, within 15 calendar days of such violation, you will pay us partial liquidated damages in the amount of our then-current initial franchise fee ("Competitive Liquidated Damages"). You agree that Competitive Liquidated Damages as calculated under this Section represent the best estimate the Franchisor would suffer for its costs and expenses of investigation and its internal non-legal costs to prepare to enforce its rights if you were to violate the Competitive Restriction set forth in this Agreement. Your payment of the Competitive Liquidated Damages will not be considered a penalty, but instead a reasonable estimate of fair compensation to the Franchisor for some of, but not all of, the damages, costs and expenses it will incur if you violate the Competitive Restriction. The Franchisor is also be entitled to recover all costs, including attorneys' fees incurred in connection with collection of Liquidated Damages as well as enforcing its rights. Without limiting the foregoing, the Competitive Liquidated Damages will not be the Franchisor's exclusive remedy, will not prevent us from seeking other actual or consequential damages, injunctive relief enjoining future violations of the Competitive Restriction, nor will it in any way limit the Franchisor' right to assert that we have no adequate remedy at law in the event of breach.

    1. Severability and Substitution. You acknowledge and agree that these competitive restrictions will not unreasonably deprive you of your ability to earn a living or engage other business activities. You and we agree that: (a) the time period, geographic area, and scope of the competitive restrictions contained in this Agreement are reasonably necessary to protect our localized efforts and the Franchisor's efforts to develop HydroDog Businesses throughout the U.S.; and (b) to the extent that any portion of this Agreement is deemed unenforceable by virtue of its scope, area, HydroDog activity, or duration, but may be made enforceable by modifying any or all thereof; this Agreement will be enforced to the fullest extent permissible under the laws or public policies of the jurisdiction in which enforcement is sought, and such modified provision will be enforced to the fullest extent.
    1. Extension of Time Period. The time period during which you are to refrain from any of the activities listed in this Agreement will be automatically extended by any length of time during which you or any of your affiliates, successors or assigns are in breach of any provision of this Agreement. This Agreement will continue through the duration of the extended time periods.
    1. Suspension of Compensation. We will not be required to pay any other compensation to you during any period of time in which you are in breach of this Agreement. Upon such breach, you forfeit payment of such amounts without limitation on any other remedies available to us for redress.

Source: Item 23 — RECEIPTS (FDD pages 43–166)

What This Means (2025 FDD)

According to Hydrodog's 2025 Franchise Disclosure Document, Hydrodog is not required to pay any further compensation to a franchisee if the franchisee breaches the agreement. However, if a Hydrodog franchisee violates any of the Competitive Restrictions outlined in the agreement, the franchisee must pay Hydrodog partial liquidated damages equivalent to the then-current initial franchise fee within 15 calendar days of the violation. This payment is considered a reasonable estimate of fair compensation to Hydrodog for its costs and expenses of investigation and its internal non-legal costs to prepare to enforce its rights if the franchisee violates the Competitive Restriction set forth in the Agreement. Hydrodog is also entitled to recover all costs, including attorneys' fees incurred in connection with collection of Liquidated Damages as well as enforcing its rights.

Additionally, if a Hydrodog franchisee encroaches on another franchisee's territory, they may be required to pay an encroachment fee of $500 to Hydrodog and $500 to the other franchisee. If the franchisee engages in three or more unauthorized territorial encroachments during any twelve consecutive month period, such repeated violations will constitute a material breach of the Agreement and may result in immediate termination of the Agreement at Hydrodog's sole discretion.

These provisions are fairly typical in franchise agreements, as franchisors seek to protect their brand, network, and other franchisees from damages caused by a franchisee's breach of contract. Franchisees should carefully review the termination and competitive restriction clauses in the Franchise Agreement to understand the full scope of their obligations and the potential financial consequences of non-compliance.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.